Biesinger v. Behunin

HALL, Justice:

Defendants appeal from a judgment forfeiting payments totaling $30,000 made toward the purchase of a dwelling and also forfeiting the sum of $1,032 expended as improvements thereon. Plaintiffs cross-appeal seeking an award of actual damages for breach of contract in excess of the sum forfeited. Affirmed. No costs awarded.

The agreement of the parties is set forth in a document entitled “Earnest Money Receipt and Offer to Purchase” and by the terms thereof the defendants agreed to pay $90,000 for the dwelling, payable $10,000 down, and the balance of $80,000 to be paid July 10,…